"Ineligible" - Cruz' former Harvard Law professor

[Jan2017]

MORE SCHOLARS SAY TED CRUZ CAN'T BE PRESIDENT (January)

A growing number of constitutional law scholars are arguing that Ted Cruz’s birth in Canada makes him ineligible to become U.S. president.
Their argument could prove a thorn in the side of the senator, who is a zealous originalist on most constitutional questions . . .

a former teacher of Cruz's says he thinks the senator isn't eligible to run for president. Laurence Tribe, a professor of constitutional law at Harvard who taught both Cruz and President Barack Obama, wrote about the subject in an op-ed published Monday in The Boston Globe.

"But the kind of judge Cruz says he admires and would appoint to the Supreme Court is an 'originalist,' one who claims to be bound by the narrowly historical meaning of the Constitution's terms at the time of their adoption. To his kind of judge, Cruz ironically wouldn't be eligible, because the legal principles that prevailed in the 1780s and '90s required that someone actually be born on U.S. soil to be a 'natural born' citizen. Even having two U.S. parents wouldn’t suffice.

In response, Cruz called Tribe "a liberal left-wing judicial activist."

http://www.newsweek.com/ted-cruz-canadian-citizen-415430

It's a neat irony: The most conservative constitutional interpreters must find Cruz ineligible to be president; liberals must grin and bear him.

Cruz himself purports to embrace originalism as the correct view of the Constitution.
To be faithful to his understanding of what the Constitution means, the senator may have to disqualify himself.
- Thomas Lee, professor of constitutional law and international law at Fordham Law School.

http://www.latimes.com/opinion/op-e...-eligible-to-be-president-20160110-story.html

It is actually, of course, Cruz espousing HIS far-left liberal interpretations . . .
and denying he is a 1970-born child covered by the Naturalization Act of 1952, the law for a foreign-born child of one US citizen parent in 1970.
He could never be trusted in appointing originalist constitutionalist judges, imo.

So, this is the best he's got - since it worked so well for him with Iowans already . . . still(?)
Supporter Asks Cruz To Justify That He's Eligible To Be President (VIDEO) (February 18)

"The law under the Constitution and federal law has been clear from the very first days of the Republic.
The child of a U.S. citizen born abroad is a natural born citizen," Cruz replied.

http://talkingpointsmemo.com/livewire/cruz-eligibility-cnn-town-hall

 

[specsaregood]

This is why Rafael had Scalia heart attacked in his sleep.

 

[Danke]

Why would he have to be Naturalized if he was already a Natural Born?

 

[Jan2017]

This is why Rafael had Scalia heart attacked in his sleep.

There'd seem to be a motive . . . if embalmed already, toxicology not possible unless tissue samples (?)

Why would he have to be Naturalized if he was already a Natural Born?

He is a "derivative" citizen only, derived from a US Citizen parent . . .
US government could even order a blood test/DNA to prove it was in fact a US citizen that was the actual parent that could impart that derived citizenship.

The child of a U.S. citizen born abroad is a natural born citizen," Cruz replied. = LIE

Cruz' probably completed his naturalization residence requirement for the 1952 Naturalization Act in 1980,
Furthermore, as a dual-citizen until 18 months ago,
Cruz would not have been entitled to protection by the US State Department or a US Embassy while in the nation of his foreign-birth.

 

[heavenlyboy34]

Okay, let's say it's true and Cruz is ineligible. Why did the GOP apparatus not check this out before investing time and money into his campaign? (debate time, etc)

 

[RonPaulGeorge&Ringo]

Because "the GOP apparatus" are anti-American scumbags who are delighted to have an ineligible foreigner in the White House. Hope this helps.

 

[heavenlyboy34]

Because "the GOP apparatus" are anti-American scumbags who are delighted to have an ineligible foreigner in the White House. Hope this helps.

Cui bono?

 

[RonPaulGeorge&Ringo]

The GOP apparatus.

 

[Valli6]

Okay, let's say it's true and Cruz is ineligible. Why did the GOP apparatus not check this out before investing time and money into his campaign? (debate time, etc)

Because Cruz is so ass-kissingly pro-Israel they don't care?
Nor would they care if during the next election we find ourselves with a duel-citizenship Mexican/American running for president, or an Isreali/American.

Cui bono?

The North American Union, which Cruz most likely supports, as his wife certainly does.
Building a North American Community: http://www.cfr.org/canada/building-north-american-community/p8102
(You'll find Heidi Cruz listed as one of the authors.)

 

[Libertas Aut Mortis]

My interpretation of the Constitution tells me that a Natural Born Citizen would be the child of a citizen, regardless of location of birth. American Blood. Posterity is entitled to the full blessings of Liberty.

This tells me that if one of Rafael Cruz parents were a full American Citizen (natural or naturalized), then he should be considered Natural Born.

My question (only because I haven't looked it up); Was Teds dad a naturalized citizen when Ted was born? Was Teds mom enjoying full natural born citizenship when Ted was born?

If the answer to either of those is "yes" Ted is is a Natural Born citizen, because he is the Posterity of American Citizens.

Likewise, a Mexican Citizen or any other Foreign National, we're they to have a child while visiting America (assuming neither parent can be proven to be a US Citizen), they would not be a Natural Born Citizen. Not a Citizen at all.

 

[Jan2017]

My interpretation of the Constitution tells me that a Natural Born Citizen would be the child of a citizen, regardless of location of birth. American Blood. Posterity is entitled to the full blessings of Liberty.

This tells me that if one of Rafael Cruz parents were a full American Citizen (natural or naturalized), then he should be considered Natural Born.

My question (only because I haven't looked it up); Was Teds dad a naturalized citizen when Ted was born? Was Teds mom enjoying full natural born citizenship when Ted was born?

If the answer to either of those is "yes" Ted is is a Natural Born citizen, because he is the Posterity of American Citizens.

Likewise, a Mexican Citizen or any other Foreign National, we're they to have a child while visiting America (assuming neither parent can be proven to be a US Citizen), they would not be a Natural Born Citizen. Not a Citizen at all.

1) No
If one of the parent-citizen is a full Citizen, the foreign-born child becomes a US subject under naturalization law after he meets the requirements -
if he doesn't by age 23 he loses both any claim to nationality or citizenship and gets deported.

Mom may very well not be regarded as a full US citizen either - claiming Canadian nationality.
She wasn't filing US taxes as required for foreign-residing US citizen, or to claim Ted as a dependent to the USA, she was registered to vote in Canada (in 1974 ?), and not included for USA census in 1970 as citizen living abroad either.

Q2) No and Q3) No

Rafael Jr.'s mom was born in Delaware, and was living in Canada with a Cuban-born husband non-US citizen for about 3 years in the late 60's
before Rafael Jr. came along. FBI file from the Nixon-era on the former Eleanor Darragh in Canada ?

 

[Zippyjuan]

Mom may very well not be regarded as a full US citizen either

Rafael Jr.'s mom was born in Delaware

That mean she was a full citizen.

 

[Libertas Aut Mortis]

1) No
If one of the parent-citizen is a full Citizen, the foreign-born child becomes a US subject under naturalization law after he meets the requirements -
if he doesn't by age 23 he loses both any claim to nationality or citizenship and gets deported.

Mom may very well not be regarded as a full US citizen either - claiming Canadian nationality.
She wasn't filing US taxes as required for foreign-residing US citizen, or to claim Ted as a dependent to the USA, she was registered to vote in Canada (in 1974 ?), and not included for USA census in 1970 as citizen living abroad either.

Q2) No and Q3) No

Rafael Jr.'s mom was born in Delaware, and was living in Canada with a Cuban-born husband non-US citizen for about 3 years in the late 60's
before Rafael Jr. came along. FBI file from the Nixon-era on the former Eleanor Darragh in Canada ?

I understand where you are coming from...and youre probably right when dealing with congressional law, but i wasnt talking about existing law.

I meant only what, if only using the constitution, the difference between natural born and naturalized should be (thus rendering any contridictory congressional law null and void)

You say, which i thought but wasnt sure of, that teds mom and dad were not full us citizens at the time of his birth.

Boom, under my constitutional view, if that is actually the case, the its adios Rafael.

 

[Jan2017]

That mean she was a full citizen.

Full citizens that do not meet requirements of a US citizen living abroad lose more rights and privileges when renouncing that US citizenship.
Her partial/dual citizenship causes the most problems when she disregards US laws.

But even allowing the mom consideration as a full US citizen, albeit disregarding US law,
Ted only got naturalized with derivative citizenship through one parent.

 

[Jan2017]

I understand where you are coming from...and youre probably right when dealing with congressional law, but i wasnt talking about existing law.

I meant only what, if only using the constitution, the difference between natural born and naturalized should be (thus rendering any contridictory congressional law null and void)

You say, which i thought but wasnt sure of, that teds mom and dad were not full us citizens at the time of his birth.

Boom, under my constitutional view, if that is actually the case, the its adios Rafael.

Rafael Sr., Ted's father was not a US citizen. If he was, Ted actually would have some possible claim to automatic citizenship (8 USC 1431)
which is what happens to adoptions btw I think.

His mother could be considered a full Citizen I suppose if you want to be much more generous than reality, fine.
He can become naturalized through her, but it is not automatic.

 

[Libertas Aut Mortis]

Rafael Sr., Ted's father was not a US citizen. If he was, Ted actually would have some possible claim to automatic citizenship (8 USC 1431)
which is what happens to adoptions btw I think.

His mother could be considered a full Citizen I suppose if you want to be much more generous than reality, fine.
He can become naturalized through her, but it is not automatic.

Yeah, I've pretty much agreed with everything you've said so far....case closed, under your congressional understanding he's not a natural born citizen, under my constitutional view,...he's not a natural born citizen.

Hit the road jack!

 

[Valli6]

Just the fact that Cruz decided to run for president knowing his citizenship was an issue, makes me despise him. There is no way he could have not forseen this. He just couldn't be bothered to care!

I suspect he held onto his Canadian citizenship for so long, because he saw it as an advantage should a North American Union become reality.

 

[Libertas Aut Mortis]

Just the fact that Cruz decided to run for president knowing his citizenship was an issue, makes me despise him. There is no way he could have not forseen this. He just couldn't be bothered to care!

I suspect he held onto his Canadian citizenship for so long, because he saw it as an advantage should a North American Union become reality.

On top of that...he ran against Paul (whom he claims to be of the same fabric as).....how do you know Ted despises the Liberty Movement that elected him? Look no further than his candidacy.

 

[nikcers]

On top of that...he ran against Paul (whom he claims to be of the same fabric as).....how do you know Ted despises the Liberty Movement that elected him? Look no further than his candidacy.

+1

 

[Jan2017]

I meant only what, if only using the constitution, the difference between natural born and naturalized should be (thus rendering any contridictory congressional law null and void) . . .

Constitutionally is the strongest case against Cruz of course . . .

James Madison himself said in 1789 that the U.S. used the place of birth rather than parentage.

John Jay and Benjamin Franklin returned from France, where in the 1780's they were demanding France recognize their independence.
Mr. Franklin made it to the "top-secret" Constitutional Convention, but the Secretary of Foreign Affairs was in New York City.

A couple of New York delegates left the convention in mid-summer with the news that the Articles of Confederation were being replaced,
and may have been the ones to tell Secretary of Foreign Affairs John Jay.
Or it may have been Hamilton who rode back to New York City several times, who told Jay of what they were doing in Philadelphia, dismantling the Articles.

The low-key, presiding officer of the Convention received a letter from the Secretary of Foreign Affairs within the first week of talking about the new national executive -
Jay in NYC didn't know exactly what was going on in Philly, but he wrote to his good friend General Washington about the command of the Army -

Permit me to hint, whether it would not be wise & seasonable to provide as a strong check to the admission of Foreigners into the administration of our national Government;
and to declare expresly that the Command in chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.